KRISHNA DEVI Vs. ANDEEP

JUDGEMENT

(1.) THE appellants -claimants have challenged the award dated 03.08.2012, passed by the Motor Accidents Claims Tribunal, Jind (hereinafter to be referred as 'The Tribunal'), whereby 'The Tribunal' awarded the compensation of Rs. 2,80,800/ - on account of death of Kapil.

(2.) TAKING the case from undisputed facts that on 31.05.2010, Kapil (since deceased) was going to Delhi from Narwana on motor -cycle bearing registration No.HR -32C -7663. The said motorcycle was being driven by Sri Kant and Kapil was pillion rider. They were being followed by his father Manpal and cousin Baljeet on another motor -cycle. At about 6.15 AM, when they reached near bus stop of village Gatoli on JindRohtak road, in the meantime, canter bearing registration No.HR -56 - 9471, which was being driven by respondent No.1 came from opposite side while overtaking one Tata -407 vehicle in a rash and negligent manner and hit against the motor -cycle. Resultantly, Kapil and Sri Kant fell down and sustained multiple grievous injuries. They were shifted to PGIMS, Rohtak. Kapil was shifted to Jaipur Golden Hospital, Delhi, where he succumbed to the injuries. The matter was reported to the police. The respondents contested the claim petition. 'The Tribunal' after considering the material and evidence available on file passed the award.

(3.) MR . J.B. Sharma, Advocate, learned counsel for the appellants took the plea that there is no dispute on the fact that Kapil was of the age of 18 years and the claimants in this case are parents of the deceased. 'The Tribunal' fell in error while taking the income of parents and determining the amount of compensation. The deduction on account of self dependency has also been taken on higher side. No amount was awarded on account of enhancement of future earnings. So, the award be suitably amended.